§ 25-01-020. Location; permits; exceptions.

(a)

It is unlawful for any person to use within the City of Alamogordo any mobile housing unit, or recreational vehicle, for habitation or commercial purposes unless it is located in an area where the city zoning ordinance specifically permits its location, or except as otherwise provided in this section.

(b)

The city commission may authorize temporary permits for mobile housing units in other zoning districts where the following conditions are met:

(1)

Notice of the time, place and purpose of the hearing on the issuance of the permit has been published, at least fifteen (15) days before the meeting, in a newspaper of general circulation, and sent by first class mail to all property owners of record within two hundred (200) feet, excluding all public right-of-way, of the property for which the permit is sought;

(2)

The applicant must show some hardship which is not self-inflicted, but which arises from the character of the property for which the permit is sought, character of surrounding properties, or extreme and unusual personal circumstances; and

(3)

The temporary placement of a mobile housing unit is not detrimental to the surrounding properties.

Applications for a special mobile housing unit permit shall be reviewed by the planning and zoning commission, with its recommendation forwarded to the city commission. Duration of the permit shall be one year, and not more than one renewal of the permit shall be allowed. Within ninety (90) days of the date the renewal is to expire, the permit holder may apply for a new permit, which may be renewed once.

(c)

A mobile housing unit or a recreational vehicle may be used for a temporary construction office at a site where construction work is being carried on.

(d)

A recreational vehicle or mobile housing unit, not more than ten (10) feet wide nor forty (40) feet long, may be stored on residential property under the following circumstances:

(1)

It shall not be used for occupancy in any manner while stored except as provided in paragraphs (j) and (k) of this section.

(2)

It shall not be connected to gas, water or sewer except when used pursuant to paragraph (j) of this section; and

(3)

On inside lots, it shall be set back two (2) feet behind the sidewalk or five (5) feet behind the curb, whichever is greater, and on corner lots, shall be set back twenty-five (25) feet from the front lot line and five (5) feet from the lot line on the street side, so as not to interfere with the view of traffic at an intersection; and

(4)

It shall not interfere with the use of streets, alleys or sidewalks by the general public.

(e)

Mobile housing units may be located at automobile or mobile home sales lots for office or display purposes, if the lot is located adjacent to U.S. Highway 54 or U.S. Highway 70.

(f)

Trailers may be used or parked for commercial purposes, other than retail sales, as an accessory to lawful commercial uses, for not more than forty-eight (48) hours. Extensions up to thirty (30) days may be granted in writing by the city manager; longer use shall only be by special permit as specified in subsection (b) of this section.

(g)

Trailers may also be used for the purposes and at the locations specified in section 21-01-020(d).

(h)

A self-contained recreational vehicle may be used for habitation on city property, excluding streets or rights-of-way for not more than seventy-two (72) hours upon written approval by the city manager, or property zoned for business or industrial uses upon permission of the person in control of property zoned for business or industrial uses subject to such conditions as the city manager or person in control of property zoned for business or industrial uses may require. The person in control of property zoned for business or industrial property used for overnight recreational vehicle parking may not charge a fee for such parking. Such use of city property is to be authorized only in conjunction with a city approved group activity. Extensions up to fifteen (15) days shall only be by special permit as specified in subsection (b) of this section. Commercial use of a recreational vehicle or trailer shall only be permitted as specified in section 21-01-020(d) of this Code.

(i)

A self-contained recreational vehicle may be used for habitation in areas approved by the city commission, subject to compliance with the Uniform Traffic Code, for special events not to exceed sixty (60) days. Sponsors of the special event shall submit written requests for approval of designated areas to the City of Alamogordo to allow the City Commission consideration at least thirty (30) days prior to the opening day of the special event. Extensions of time beyond the sixty (60) days shall only be by special permit as specified in subsection (b) of this section. Commercial use of a recreational vehicle or trailer shall only be permitted as specified in section 21-01-020(d) of this Code.

(j)

A recreational vehicle, which otherwise complies with the provisions of this Ordinance including subsection (d) 3, may be used for dwelling purposes for not more than fourteen (14) days total in any continuous six month period. Connection to utilities shall be only of a temporary nature using a flexible connection. A recreational vehicle may be parked upon a public street while used for dwelling purposes for a period not longer than seventy-two (72) hours. Public utilities shall not be used when the recreational vehicle is parked on the street. The City Manager may grant extensions in writing, if presented evidence of exceptional circumstances that will not result in long term residencies.

(k)

A recreational vehicle, boat, or utility trailer may be parked upon a public street for seventy-two (72) hours when it is actually being loaded, readied for use, or unloaded.

(l)

Any provisions of this ordinance allowing recreational vehicles to park on a street are effective only so long as a vehicle so parked leaves a traffic lane sufficient for emergency vehicles to pass and is not parked closer than fifty (50) feet to an intersection. The City Commission finds that the provisions of this subsection are necessary to preserve the public safety in that recreational vehicles parked in the street cause a hazard not only by their width, but by their height.

(Ord. No. 685, 2, 9-25-84; Ord. No. 702, § 3, 10-22-85; Ord. No. 720, § 2, 7-14-87; Ord. No. 721, § 1, 8-25-87; Ord. No. 834, § 1, 10-22-91; Ord. No. 857, § 3, 7-14-92; Ord. No. 951, 7-11-95; Ord. No. 965, § 2, 11-14-95)